The Planning (Listed Buildings) (Certificates of Lawfulness of Proposed Works) Regulations 2014

Application for a certificate of lawfulness of proposed works

2.—(1) An application for a certificate under section 26H of the Act (certificate of lawfulness of proposed works) must—

(a) be made in writing to the local planning authority on a form published by the Secretary of State (or a form substantially to the like effect);

(b) include the particulars specified or referred to in the form;

(c) specify the listed building or buildings, and describe the proposed works to which the application relates; and

(d) be accompanied by—

(i) a plan identifying the listed building or buildings to which the application relates drawn to an identified scale and showing the direction of North;

(ii) such plans, drawings and information as are necessary to describe the proposed works, together with a description of the part or parts of the listed building or buildings that are likely to be affected;

(iii) a statement explaining why the applicant believes the proposed works would not affect the character of the listed building or buildings as a building or buildings of special architectural or historic interest;

(iv) such evidence verifying the information included in the application as the applicant can provide;

(v) a statement setting out the applicant’s interest in the listed building or buildings, the name and address of any other person known to the applicant to have an interest in the listed building or buildings and whether any such other person has been notified of the application; and

(vi) where the application is made in respect of Crown land and where such an application is made by a person authorised in writing by the appropriate authority(1), a copy of that authorisation.

(2) Where an application is made using electronic communications to transmit a form to the local planning authority, the applicant is taken to have agreed—

(a) to the use of such communications by the local planning authority for the purposes of the application;

(b) that the applicant’s address for those purposes is the address incorporated into, or otherwise logically associated with, the application; and

(c) that the applicant’s deemed agreement under this paragraph subsists until notice is given in writing of the withdrawal of the applicant’s consent to the use of electronic communications under regulation 5.

(3) When the local planning authority receive an application to which paragraph (1) applies they must, as soon as reasonably practicable, send to the applicant—

(a) notification confirming that the application has been received and that it is a valid application, or

(b) if the local planning authority consider that the application is not a valid application, notification that the application is invalid.

(4) The local planning authority may by notice in writing require the applicant to provide such further information as may be specified to enable them to deal with the application.

(5) The local planning authority must give the applicant written notice of their decision within—

(a) the period of 6 weeks beginning with the day immediately following that on which a valid application is received; or

(b) unless the applicant has already given notice of appeal to the Secretary of State, within such extended period as may be agreed in writing between the applicant and the authority.

(6) Where an application is refused, in whole or in part (including a case in which the authority modify the description of the works or other matter in the application or substitute an alternative description for that description), the notice of decision must—

(a) state clearly and precisely the authority’s full reasons for their decision, and

(b) include a statement to the effect that if the applicant is aggrieved by the decision the applicant may appeal to the Secretary of State under section 26K of the Act (appeals against refusal or failure to give decision on application).

(7) A certificate under section 26H of the Act must be in the form set out in the Schedule to these Regulations, or in a form substantially to the like effect.

(8) In this regulation “valid application” means an application which complies with the requirements of paragraph (1) and a valid application is taken to have been received when the application, and all of the documents or particulars referred to in paragraph (1), have been lodged with the local planning authority.

(1)

See section 82C(6) of the Act for a definition of “appropriate authority”. Section 82C was inserted into the Act by section 79(4) of, and paragraph 7 of Schedule 3 to, the Planning and Compulsory Purchase Act 2004 (c. 5).